[Federal Register Volume 59, Number 25 (Monday, February 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2663]


[[Page Unknown]]

[Federal Register: February 7, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-30485-EA; EA 93-284, ASLBP No. 94-685-02-EA]

 

Atomic Safety and Licensing Board; Indiana Regional Cancer Center

(Order Modifying and Suspending Byproduct Material License No. 37-
28179-01); Hearing (Staff Order Modifying and Suspending License 
Effective Immediately)

February 1, 1994.
    Before Administrative Judges: G. Paul Bollwerk, III, Chairman, 
Dr. Charles N. Kelber, Dr. Peter S. Lam.

    By immediately effective order dated November 16, 1993, the NRC 
staff suspended Byproduct Material License No. 37-28179-01. Under that 
license, Indiana Regional Cancer Center (IRCC) is authorized to use a 
strontium-90 source for the treatment of superficial eye conditions. 
The order also modified the license to prohibit Dr. James Bauer, the 
IRCC Radiation Safety Officer and the only authorized user on the 
license, from engaging in any activities under the license. The order 
further provided that on or before December 6, 1993, the licensee, Dr. 
Bauer, or any other person adversely affected by the order could submit 
an answer to the order, which could include a request for a hearing.
    On December 2, 1993, IRCC and Dr. Bauer filed a request for a 
hearing regarding the order. The Commission referred this filing to the 
Atomic Safety and Licensing Board Panel on December 13, 1993, for the 
appointment of a presiding officer to conduct any necessary 
proceedings. On December 14, 1993, the Chief Administrative Judge of 
the Panel appointed this Atomic Safety and Licensing Board pursuant to 
the Commission's referral. (58 FR 67,427). The Board consists of Dr. 
Charles N. Kelber, Dr. Peter S. Lam, and G. Paul Bollwerk, III, who 
will serve as Chairman of the Board.
    On January 26, 1994, the Board conducted a prehearing conference in 
this proceeding. On February 1, 1994, the Board issued an unpublished 
prehearing conference order in which it ruled on various discovery and 
scheduling matters.
    Please take notice that a hearing will be conducted in this 
proceeding. The parties to the hearing are the NRC staff, IRCC, and Dr. 
Bauer. This hearing will be governed by the hearing procedures set 
forth in 10 CFR part 2, subpart G (10 CFR 2.700-.790).
    During the course of the proceeding, the Board may conduct an oral 
argument, as provided in 10 CFR 2.755, and may hold additional 
prehearing conferences pursuant to 10 CFR 2.752. The public is invited 
to attend any oral argument, prehearing conference, or evidentiary 
hearing, which may be held pursuant to 10 CFR 2.750-.751. The Board 
will establish the schedules for any such sessions at a later date, 
through notices to be published in the Federal Register and/or made 
available to the public at NRC Public Document Rooms.
    In accordance with 10 CFR 2.715(a), any person, not a party to the 
proceeding, may submit a written limited appearance statement setting 
forth his or her position on the issues in this proceeding. These 
statements do not constitute evidence but may assist the Board and/or 
parties in the definition of the issues being considered. Written 
limited appearance statements should be sent to the office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
Attention: Docketing and Service Branch. A copy of the statement also 
should be served on the Chairman of the Atomic Safety and Licensing 
Board. The Board will make a determination at a later date whether oral 
limited appearance statements will be entertained.
    Documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC 20555.

    Dated: Bethesda, Maryland, February 1, 1994.

    For the Atomic Safety and Licensing Board.
G. Paul Bollwerk, III,
Chairman, Administrative Judge.
[FR Doc. 94-2663 Filed 2-4-94; 8:45 am]
BILLING CODE 7590-01-M